The discovery of a significant section of London's first basilica, a near 2,000-year-old public building, serves as a reminder of how antiquities can affect a development.

The site at 85 Gracechurch Street, which was set for demolition and redevelopment, had been identified as requiring archaeological investigations. On their third dig, the team uncovered a large piece of Roman masonry between filing cabinets. The excavation revealed parts of the stone wall forming the basilica's base, which stood two-and-a-half storeys high. Other artifacts, including a roof tile stamped by an ancient London official, were also found. The basilica was originally part of London's forum and would have been a social and commercial hub with a courtyard the size of a football pitch. Built around 80 AD it supported the Tribunal, an elevated platform for magistrates and officials to make key decisions. 

While this is a find of considerable historic importance - The Museum of London Archaeology described the find as the heart of Roman London, highlighting its importance in understanding the city's origins and its selection as Britain's capital - it will likely impact the intended development, with the works having to be redesigned around the find. 

Redevelopment plans and construction law implications

In the construction industry, such discoveries are often seen as setbacks. Legal protections require developers to halt construction to document and preserve artifacts, leading to delays and potential costly modifications or project abandonment.

Construction contracts typically include an antiquities clause, recognising the discovery of historical artifacts as a relevant event. This clause generally entitles contractors to additional time and compensation. However, responsibility and risk may be transferred to the contractor. Developers in historically rich areas must conduct archaeological surveys as part of the planning permission process. If artifacts are discovered during construction, contractors must report the findings and await further assessment, with non-compliance resulting in legal repercussions.

This situation underscores the importance of considering potential antiquities discoveries when drafting construction contracts. Effective risk management strategies include pre-construction archaeological surveys, contingency funds, flexible design plans, and early stakeholder engagement. Training construction workers and using advanced technologies like ground-penetrating radar can help projects proceed smoothly while preserving historical heritage.

Legal considerations under JCT contracts

The unamended JCT Standard Building Contract and Design & Build Contract 2024 Editions include an “antiquities” clause, which entitles contractors to time and money if delays are caused by archaeological finds. The clause also includes the discovery of unexploded ordnance, contamination, and asbestos. Contractors must cease work if it endangers the object and take steps to preserve it. For the discovery at 85 Gracechurch Street, the unamended JCT contract would have required the contractor to halt work immediately and preserve the basilica remains in their exact position and condition.

This remarkable find not only enriches our understanding of Roman London but also highlights the need for careful planning and risk management in construction projects within historically significant areas.